MAHENDRA KUMAR D MEHTA, MUMBAI V. ITO 19(2)(2), MUMBAI

ITA 4335/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3528 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 24-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: HARISH SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , SMC BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 4335 /MUM/ 20 19 ( ASSESSMENT YEAR : 2009 - 10 ) SHRI MAHENDRAKUMAR D MEHTA ROOM NO.7, 1 ST FLOOR M EHTA MANSION NO.1 213, 3 RD KUMBHARWADA LANE MUMBAI 400 004 VS. INCOME TAX OFFICER - 19(2)(3) MUMBAI MATRU MANDIR, ROOM NO.210 TARDEO, GRANT ROAD MUMBAI 400 007 PAN/GIR NO. AADPM0034D (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI HARISH SHARMA REVENU E BY SHRI SANJAY SETHI DATE OF HEARING 18 / 02 /202 1 DATE OF PRONOUNCEMENT 18 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4335/MUM/2019 FOR A.Y. 2009 - 10 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INC OME TAX (APPEALS) - 5, MUMBAI IN APPEAL NO. CIT(A) - 5/ITO - 19(2)(3)/IT - 150/17 - 18 DATED 27/05/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 24/03/2015 BY THE LD. I.T.O. 19(2)(3), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 4335/MUM/2019 SHRI MAHENDRA KUMAR D MEHTA 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 11/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION FILED IN FORM NO.1 & 2 UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM NO.3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AN D WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSES SEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 18 / 02 /202 1 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 18 / 02/ 2021 KARUNA , SR.PS ITA NO . 4335/MUM/2019 SHRI MAHENDRA KUMAR D MEHTA 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//